Common Assault Defenses in California – Penal Code Section 240

The burden of proof in an assault prosecution falls directly on the shoulders of the prosecutor’s office. A skilled Southern California assault lawyer can raise any one of a number of defenses convince the prosecutor to reduce your charges or win you a not guilty verdict should your case go to trial. We detail the most common assault defenses below.

Self-Defense or Defense of Another

Self-Defense is a defense to assault. The defendant is not guilty of assault if:
1. The defendant reasonably believed that he or someone else was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully.
2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger.
3. The defendant used no more force than was reasonably necessary to defend against that danger.

It is important to note that the word imminent is the key to this defense. Belief that someone way cause harm to you or someone else in the future is not sufficient for a claim of self-defense or defense of others, no matter how great or how likely the harm is believed to be.

Inability to Actually Carry Out the Assault

California Penal Code 240 requires you to have the “present ability” to commit a violent injury upon another. This means that a defendant charged with assault must have had both the physical and mental capacity to carry out the forceful conduct in order to be convicted of assault.

Defendant Lacked the Requisite Intent to Commit Assault

Under California Assault law, the defendant must have committed the act willfully. It is not sufficient for a conviction for assault that a person acted accidentally. In order to be convicted the prosecutor must prove the defendant’s requisite intent to apply force to the alleged victim.

Often whether an accused is found guilty or not guilty of an assault will depend upon the issue of the defendant’s “specific intent” upon entering the location in question. This means that the freedom of our clients often depends upon the “circumstantial” evidence we are able to present to show that our client did not have the required specific intent to be convicted under California Penal Code Section 240.

One example would be if an individual was in a crowded room and accidentally tripped someone, causing them to injure themselves. The prosecution would have to prove that the defendant intentionally tried to trip the victim in order to win an assault conviction.